ARM 37.106.3202. DEFINITIONS

(1) "Adolescent" means any person between the ages of 10 and 19 years old who is placed in a facility by a parent or legal guardian. (a) Upon admission to the facility, the adolescent is considered a resident. (b) The adolescent may remain as a resident up to the age of 20 if they are enrolled in an accredited secondary school. (2) "Case plan" means a specific plan for providing care, treatment, and services of any kind to a specific resident. (3) "Chemical restraint" means the use of a drug or medication that is used to control behavior or restrict the resident’s freedom of movement, and which is not a standard treatment for the resident’s medical or psychiatric condition. (4) "Correspondence search" means reading a resident’s mail or inspecting the contents of a package. (5) "Department" means the Department of Public Health and Human Services. (6) "Direct care staff" or "staff" means facility personnel who directly participate in the care, supervision, and guidance of the resident. (7) "Discharge plan" means a realistic plan developed to transition the resident home or to a less restrictive and appropriate placement with specific services identified and available. (8) "Licensed addiction counselor" means a person licensed under Title 37, chapter 39, MCA. (9) "Licensed health care professional" means a licensed physician, physician assistant, or advanced practice registered nurse who is practicing within the scope of the license issued by the Department of Labor and Industry. (10) "Licensure bureau" means the Office of Inspector General Licensure Bureau. (11) "Mechanical restraint" means the use of devices as a means of restricting a person's freedom of movement. (12) "Mental health professional" means a person licensed pursuant to 37-39 102(18), MCA. (13) "Near miss" means an unplanned, unforeseen, or potentially dangerous situation where safety was compromised but that did not result in injury. (14) "Pat-down search" means a body search done outside of a person's clothing with the intention of locating suspected contraband. (15) "Personal property search" means a search which includes going through a resident’s personal property and/or room including closet, bed, desk, dresser drawers, backpacks, etc., with the intention of looking for contraband. (16) "Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a resident to walk to a specific location. (17) "Physical restraint" means a personal restriction that immobilizes or reduces the ability of the free movement of an individual's arms, legs, or head. The term does not include physical escort. (18) "Resident-to-staff ratio" means the number of residents in care per each on-duty awake direct care staff member. (19) "Seclusion" means a behavior control technique involving locked isolation in which the resident is physically prevented from leaving. The term does not include time-out. (20) "Self-administration assistance" means providing necessary assistance to any resident in taking their medication, including: (a) removing medication containers from secured storage; (b) providing verbal suggestions, promoting, reminding, gesturing, or providing a written guide for self-administering medications; (c) handling a prefilled, labeled medication holder, labeled unit dose container, syringe, or original marked, labeled container from the pharmacy; (d) opening the lid of the container described in (c) for the resident; (e) guiding the hand of the resident to self-administer the medication; (f) holding and assisting the resident in drinking fluids to assist in the swallowing of oral medications; and (g) assisting with removal of a medication from a container for a resident with a physical disability which prevents independence in the act. (21) "Serious incident" means suicide attempt, use of excessive physical force by staff, use of a restraint or seclusion, physical or sexual assault of a resident by staff, or another resident, injury to a resident which requires emergency medical care, known or suspected abuse or neglect of a resident by staff or another resident, a near miss or the death of a resident, elopement, or an incident that involves law enforcement. (a) “Abuse” means actual or psychological harm, or substantial risk of psychological harm to a resident. (b) “Neglect” means abandonment of a resident. (22) "Time-out" means the restriction of a resident for a period of time to a designated unlocked area from which the resident is not physically prevented from leaving for the purpose of providing the resident the opportunity to regain self-control.